Marriage is a vital social institution. The exclusive commitment of two individuals to each other nurtures love and mutual support; it brings stability to our society. For those who choose to marry, and for their children, marriage provides an abundance of legal, financial, and social benefits.

With the advent of marriage equality, a same-sex couple will have the same reasons for thinking about whether to enter into a premarital agreement as an opposite-sex couple. There are additional reasons for same-sex couples to consider a premarital agreement, and several drafting issues require special attention. This article will address both aspects of same-sex premarital agreements.